Action brought on 2 August 2013 – KO-Invest v OHIM – Kraft Foods Schweiz (Milkoshake For Active People)

(Case T-399/13)

Language in which the application was lodged: Polish

Parties

Applicant: KO-Invest Sp. z o.o. (Łódź, Poland) (represented by: R. Rumpel, lawy

ourt should:annul the decision of the Fourth Board of Appeal of the Office for Harmo

nisation in the Internal Market (Trade Marks and Designs) of 27 May 2013 (Case R 720/2012-4) in so far as it re

fuses registration of

‘Milkoshake For Active People’ as a Community trade

mark for goods in Classes 5, 29, 30 and 32;amend the contested decision by registering the mark for all of the goods applied for;order OHIM to pay the costs of the proceedings.Pleas in law and main argumentsApplicant for a Community trade mark: the applicantCommunity trade mark concerned: the f

igurative mark containing the word element ‘Milkoshake For Active People’ for goods in

Classes 5, 29, 30 and 32Proprietor of the mark

or sign cited in the opposition

proceedings: the other party to the proceedings befo

re the Board of AppealMark or sign cited in opposition: Community trade marks No 31 369 and No 31 344, international registration (IR) No 163 135 an

d the well-known trade mark ‘MILKA’ for goods in Classes 5, 29, 30 and 32Decision of the Opposition Division: opposition upheldD

ecision of the Board of Appeal: appeal dismissedPleas in law: breach of Article 8(1)(b) of Regulation No 207/2009 

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¹ Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade ma